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Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause).
Louisville & Nashville Railroad Company v. Mottley, 211 U.S. 149 (1908), was a United States Supreme Court decision that held that under the existing statutory scheme, federal question jurisdiction could not be predicated on a plaintiff's anticipation that the defendant would raise a federal statute as a defense.
While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations. When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief. Our decision in Twombly illustrates the two-pronged approach.
Civil cases appealed from the Illinois Appellate Court are heard by the Supreme Court of Illinois upon the grant of a Petition for Leave to Appeal under Illinois Supreme Court Rule 315, [5] a Certificate of Importance under Illinois Supreme Court Rule 316, [6] or a Petition for Appeal as a Matter of Right under Illinois Supreme Court Rule 317. [7]
CHICAGO (WTVO) — A federal appeals court in Chicago ruled that the Illinois assault weapon ban can remain in effect while the law is debated. This decision came on Thursday as lawyers ...
Small business owners face severe penalties if they don't report to the federal government by year's end. Thousands of businesses may not realize they are subject to a new reporting process ...
Months earlier, in a case cited in this decision, In re Anglin, 122 Ill.2d 531, 525 N.E.2d 550 (May 18, 1988), the Illinois Supreme Court refused to reinstate the law license of an attorney convicted of (among other felonies) possessing stolen securities, and who wished to be reinstated while continuing to withhold the name of the person or ...
Hannah Kobayashi, from Hawaii, has been missing since she landed in Los Angeles on Friday, Nov. 8. A Hawaii woman who has been missing since she failed to board a connecting flight in Los Angeles ...